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An economic theory of optimal enactment and enforcement of laws

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  • Miceli, Thomas J.
  • Mungan, Murat C.

Abstract

We consider a government’s interrelated decisions of enacting laws prohibiting harmful behavior and choosing how aggressively to enforce those laws. There are three broad policies available to the government in this regard: not prohibiting the act at all, enacting a law and enforcing it, and enacting a law and not enforcing it. When enactment is costly and a fraction of the population reflexively complies with the law once its enactment has been announced (reflecting an expressive function of law), all three policies may be optimal, depending on the severity of the harm from the act and the fraction of reflexive compliers.

Suggested Citation

  • Miceli, Thomas J. & Mungan, Murat C., 2021. "An economic theory of optimal enactment and enforcement of laws," International Review of Law and Economics, Elsevier, vol. 68(C).
    • Handle: RePEc:eee:irlaec:v:68:y:2021:i:c:s0144818821000533
    DOI: 10.1016/j.irle.2021.106029
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    References listed on IDEAS

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    1. Kahan, Dan M, 1998. "Social Meaning and the Economic Analysis of Crime," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 609-622, June.
    2. Cooter, Robert, 1998. "Expressive Law and Economics," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 585-608, June.
    3. Steven Shavell, 2002. "Law versus Morality as Regulators of Conduct," American Law and Economics Review, Oxford University Press, vol. 4(2), pages 227-257.
    4. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 2, number 2.
    5. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 6, pages 403-454, Elsevier.
    6. Rasmusen, Eric, 1996. "Stigma and Self-Fulfilling Expectations of Criminality," Journal of Law and Economics, University of Chicago Press, vol. 39(2), pages 519-543, October.
    7. Cooter, Robert, 1998. "Expressive Law and Economics," Berkeley Olin Program in Law & Economics, Working Paper Series qt3w34j60j, Berkeley Olin Program in Law & Economics.
    8. Roger Bowles & Michael Faure & Nuno Garoupa, 2008. "The scope of criminal law and criminal sanctions: An economic view and policy implications," Working Papers 2008-03, Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales.
    9. Thomas J. Miceli & Murat C. Mungan, 2021. "The limit of law: factors influencing the decision to make harmful acts illegal," Economics of Governance, Springer, vol. 22(3), pages 293-307, September.
    10. Robert Cooter, 1998. "Expressive Law and Economics," CESifo Working Paper Series 161, CESifo.
    11. Murat C. Mungan, 2016. "Stigma Dilution and Over-Criminalization," American Law and Economics Review, Oxford University Press, vol. 18(1), pages 88-121.
    12. Nuno Garoupa & Daniel Klerman, 2002. "Optimal Law Enforcement with a Rent-Seeking Government," American Law and Economics Review, Oxford University Press, vol. 4(1), pages 116-140, January.
    13. Shavell, Steven, 1993. "The Optimal Structure of Law Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 255-287, April.
    14. Iljoong Kim & Jaewook Byeon, 2017. "Discretionary prosecution of regulatory crimes: disproportionate emphasis and consequences to other serious crimes," Asia-Pacific Journal of Regional Science, Springer, vol. 1(2), pages 559-587, October.
    15. Murat C. Mungan & Thomas J. Miceli, 2021. "Legislating for profit and optimal Eighth‐Amendment review," Economic Inquiry, Western Economic Association International, vol. 59(3), pages 1403-1416, July.
    16. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 1, number 1.
    17. Alon Harel & Keith N. Hylton (ed.), 2012. "Research Handbook on the Economics of Criminal Law," Books, Edward Elgar Publishing, number 13467.
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    Citations

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    Cited by:

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    3. Menegatti, Mario, 2023. "Variability in punishment, risk preferences and crime deterrence," International Review of Law and Economics, Elsevier, vol. 75(C).

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    More about this item

    Keywords

    Crime; Illegality; Law enforcement; Expressive function of law;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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